If you have a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities, you can refer to the Equality Act 2010 for protection against discrimination in education, work and services provided for you. It can require employers, collegues, venues and service providers to make reasonable adjustments, provide support and make things accessible. Someone is disabled if both of these apply:
- they have a 'physical or mental impairment'
- the impairment 'has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities'
People with progressive conditions, and conditions or impairments that are automatically classed as a disability, are also protected by law.
The Equality Act 2010 (Amendment) Regulations 2023 has changed the definition of disability for employment law purposes. The legal definition of disability had been extended and it includes:
References in the relevant provisions to a person’s ability to carry out normal day-to-day activities are to be taken as including references to the person’s ability to participate fully and effectively in working life on an equal basis with other workers.
Many employees have disabilities that are not visible or readily apparent in the workplace. Employees often don't disclose these disabilities to their employers, sometimes because of stigma and other times simply because they are unaware their challenges qualify as a disability.
However, hidden disabilities can negatively impact an employee's performance and conduct in ways that may seem unrelated at first glance. The term "hidden disabilities" is broad, spanning conditions that are not immediately noticeable yet can still impact workplace performance. These include chronic illnesses like fibromyalgia, inflammatory bowel disease, epilepsy, diabetes or autoimmune disorders. Mental health conditions such as depression, anxiety, PTSD, bipolar disorder and eating disorders are considered hidden disabilities as well. Neurodiversity encompasses learning disabilities like dyslexia, dyscalculia, auditory processing disorder and ADHD plus autism spectrum disorder. Other common hidden disabilities involve chronic fatigue, sensory processing issues, digestive disease and some vision or hearing impairments.
For example, an employee with anxiety or depression may struggle with time management skills, meeting deadlines and maintaining focus due to low motivation or concentration issues. Someone with a chronic pain disorder like fibromyalgia may occasionally lose their temper with coworkers when their symptoms flare up, even if they are typically patient. An employee on the autism spectrum may seek social withdrawal, avoid workplace social events or have trouble working collaboratively, even though they are perfectly capable in other areas. Employees on the autism spectrum and those with sensory processing differences, ADHD or learning disabilities like dyslexia may excel in many aspects of their roles with the proper support.
The wide range demonstrates why people managers cannot make assumptions. Just because employees look healthy, have no visible mobility aids, or have done fine previously, doesn't mean they aren't facing disability-related barriers. It is crucial to delicately explore what may be affecting sudden performance declines before even considering pursuing disciplinary action. Without understanding the context that these behaviours or performance gaps stem from an underlying disability, people managers may mistakenly resort to disciplinary measures like writing up or reprimanding the employee. Some progressive discipline policies mandate this. However, disciplining or dismissing an employee for misconduct or performance issues that arise as a result of their disability constitutes discrimination under the Equality Act 2010. Employers have a legal duty to provide reasonable accommodations for disabled employees.
So when a typically reliable employee suddenly displays out-of-character behaviour, it's important for managers to gently explore, in a private conversation, whether an undisclosed disability or other medical issue might be the root cause. This provides an opening for the employee to disclose in a non-threatening way, allowing both parties to problem-solve solutions with compassion.
Despite common misconceptions, disabilities are extremely prevalent in today's workforce. According to Department of Work and Pensions estimates, around 16% of working age adults meet the disability definition under the Equality Act 2010. Of these individuals, 3.7 million have chronic illnesses or conditions and 72% are likely to acquire their disability while already employed.
In addition, roughly 300,000 people with long term illnesses lose their jobs every year in Britain, either from dismissal or resigning, with many reporting feeling forced out of their roles. The most commonly reported workplace challenges involve reduced understanding from employers, negative attitudes and insufficient flexibility - issues that proper accommodations and support can help overcome.
Of these workers, 3.7 million have chronic illnesses or conditions. Providing proper accommodations could enable them to continue productive employment.
Research also clearly shows the business benefits of disability inclusion. Companies who hire and retain more disabled workers report higher employee morale, improved talent attraction and retention, increased innovation and reduced absenteeism. By putting practices in place to adequately include and engage disabled professionals, organisations can leverage these advantages.
There is also a solid business case for supporting disabled talent. Those recognised on Disability Confident Leader lists have seen key metrics improve including motivation (reported by 80% of firms) and employer brand promotion (60% of firms). Retaining experienced staff also saves significantly on recruitment/training costs.
There are various examples of accommodations that companies can implement to assist employees with hidden disabilities, allowing them to fully utilise their talents. These include basic adjustments like flexible schedules, extended deadlines, more breaks and the ability to work remotely. For cognitive or developmental issues, coaches, frequent check-ins, written job instructions and reminders can be helpful. Those with anxiety or sensory disorders may benefit from quieter spaces or noise-cancelling tools. Occasional modified duties during illness flares also enable continuity.
Assistive technologies are also invaluable - from read-aloud software for dyslexia to automated hearing/visual alerts to ergonomic equipment lessening chronic pain. With creative support, most capable disabled employees can thrive and demonstrate their true abilities.
While every disability requires a customised approach, there are some common workplace accommodations employers can provide to help account for employee challenges. Examples include offering flexible start and end times, allowing longer breaks or medical leave as needed, modifying particular duties that may exacerbate symptoms, permitting employees to shift certain tasks to quieter areas or times, providing additional coaching/support from managers and team members and supplying any helpful assistive technologies or accessibility tools.
The key is being willing to work in consultation with each employee to understand their unique needs and find reasonable adjustments that allow capable disabled professionals to not just cope with their symptoms but actively thrive in their roles alongside peers. Far from being a burden, a relatively small amount of care and understanding is repaid manifold in staff loyalty and invaluable talents retained.
Understanding Your Rights
All employees dealing with physical or mental health conditions need to understand their protections under the UK's Equality Act 2010. This law makes it illegal for employers to discriminate against disabled individuals or those associated with disabled dependents or relatives. Critically, legal precedents have established this includes any sort of punitive response to reasonable issues arising due to one's disability, such as performance gaps or atypical behaviours.
Employees also have an absolute right to request reasonable accommodations and adjustments under this law as well - things like flexible schedules, additional leave, modified workloads etc. Review www.disabilityrightsuk.org to learn more about exercising these essential worker rights if faced with a condition that's impacting your ability to perform or behave typically on the job over an extended period of time.
Smart Disclosure Tips
Deciding whether to disclose may be difficult for employees wrestling with "invisible" disabilities. On one hand, sharing allows you to request formal accommodations. While support is ideal, discrimination still unfortunately exists and bias, even subconscious, may unfairly impact perceptions of capabilities and opportunities. Consider the merits and risks of full disclosure, partial disclosure (just listing needed accommodations) or temporarily keeping it confidential. Disclosure is always an option later if support becomes essential.
Carefully weigh your personal case when considering disclosing. Gauge your company culture and the likely response. However, sharing may be necessary to secure accommodations vital for your performance.
If uncomfortable with full disclosure, you could request general flexibility or adjustments without citing a medical reason. Or disclose severity gradually on an as-needed basis. Get clarity on confidentiality practices as well - limit information on a need-to-know basis.
Accommodation Examples
Reasonable accommodations span from low-cost schedule changes to utilising technology aids. Flexibility in start and departure times, extra breaks, extended deadlines or temporary duty transfers can make a massive difference for some. Modified workplace set-ups, noise-cancelling headsets, dictation software and other assistive tools enable others to excel.
Describe your functional limitations professionally to access supports. You know your needs best. The key is creatively tailoring solutions to match each your individual case.
Don't hesitate requesting reasonable accommodations that account for symptoms and limitations. Examples appropriate for hidden disabilities:
- Flexible scheduling/remote work options
- Multi-break schedules
- Medical leave arrangements
- Modified or reduced duties
- Low-distraction workspaces
- Noise-cancelling headphones
- Assistive software tools
Managers must enter an interactive discussion around providing accommodations per disability rights laws. Don't settle if options appear insufficient - keep politely advocating for your needs.
Disability Resources
Finally, know you don’t have to cope alone. Dealing with disability in the workplace can be isolating but support groups relate powerfully. Dealing with disability in the workplace can be isolating but support groups relate powerfully. Excellent UK-based organisations like Disability Rights UK, SCOPE, Mind and Autism Alliance provide legal guidance plus coaching and community for those with chronic illness, mental health disorders, neurodivergence. They help employees secure adjustments while offering community support. Disability Rights UK also maintains resources on obtaining workplace adjustments.
Additionally, connecting with disability networks within your workplace can provide mentorship opportunities.
I hope the above gives those facing hidden disabilities encouragement and practical advice navigating the professional world. We have more rights and resources than many realise - the key lies in exercising them to access the compassion and flexibility needed to match that of non-disabled peers.
You deserve to work securely and succeed unimpeded by unfair barriers, whether physical or attitudinal. In such challenging times, Your HR Friend extends a steadfast hand as your confidante and ally.
We stands ready to offer bespoke counsel, guiding you on the meticulous documentation and construction of a compelling case. With our tailored coaching, you can navigate the intricate nuances of the situation, secure in the knowledge that your rights will be safeguarded at every turn.
Solitude need not be your companion in this journey. Allow us to redress the balance, to be the force that levels the playing field on your behalf. We understand the profound importance of feeling respected and valued in the workplace, and we are steadfast in our commitment to making it a reality for you.
Take that crucial first step by initiating contact with Your HR Friend – your unwavering companion in the labyrinth of workplace intricacies. Do not miss out on our free introductory consultation, our regular discount offers or contemplate the unparalleled value of our one-year subscription, ensuring continual support and empowerment.
Hidden Disabilities in the Workplace